Vol. 137, No. 14 — July 2, 2003

Registration
SOR/2003-221 12 June, 2003

MIGRATORY BIRDS CONVENTION ACT, 1994

Regulations Amending the Migratory Birds Regulations

P.C. 2003-914 12 June, 2003

Her Excellency the Governor General in Council, on the recommendation of the Minister of the Environment, pursuant to section 12 (see footnote a)  of the Migratory Birds Convention Act, 1994 (see footnote b) , hereby makes the annexed Regulations Amending the Migratory Birds Regulations.

REGULATIONS AMENDING THE MIGRATORY BIRDS REGULATIONS

AMENDMENTS

1. Table III of Part I of Schedule I to the Migratory Birds Regulations (see footnote 1)  is replaced by the following:

TABLE III

OPEN SEASONS IN NEWFOUNDLAND AND LABRADOR

Item	Column I Area	Column II Murres
1.	Zone No. 1	September 1 to December 16
2.	Zone No. 2	October 9 to January 23
3.	Zone No. 3	November 25 to March 10
4.	Zone No. 4	November 1 to January 8 and February 2 to March 10

2. Table I of Part II of Schedule I to the Regulations is replaced by the following:

TABLE I

OPEN SEASONS IN PRINCE EDWARD ISLAND

Item	Column I Area	Column I.1 Ducks (Other Than Harlequin Ducks) and Geese	Column II Ducks (Other Than Harlequin Ducks), Snipe and Geese	Column III Woodcock
1.	Throughout Prince Edward Island	September 20 (a)	First Monday of October to second Saturday of December	Last Monday in September to second Saturday in December

3. Table I of Part III of Schedule I to the Regulations is replaced by the following:

TABLE I

OPEN SEASONS IN NOVA SCOTIA

Item	1.	2.	3.
Column I Area	Zone No. 1	Zone No. 2	Zone No. 3
Column I.1 Ducks (Other Than Harlequin Ducks) and Geese	September 13 (a)	September 13 (a)	September 13 (a)
Column II Ducks (Other Than Harlequin Ducks)	October 1 to December 31	October 8 to December 31	October 8 to December 31
Column III Additional Seasons for Common and Red-breasted Mergansers	No additional season	October 1 to 7 and January 1 to 7 (in coastal waters only)	January 1 to 7
Column IV Additional Season for Oldsquaw, Eiders and Scoters in Coastal Waters Only	No additional season	October 1 to 7 and January 1 to 7	No additional season
Column V Additional Seasons for Scaup, Goldeneyes and Buffeheads	No additional season	January 1 to 7	January 1 to 7
Column VI Geese	October 1 to December 31	October 8 to January 15	October 8 to January 15
Column VII Woodcock and Snipe	October 1 to November 29	October 1 to November 29	October 1 to November 29

4. Table I of Part IV of Schedule I to the Regulations is replaced by the following:

TABLE I

OPEN SEASONS IN NEW BRUNSWICK

Item	Column I Area	Column I.1 Ducks (Other Than Harlequin Ducks) and Geese	Column II Ducks (Other Than Harlequin Ducks), Geese and Snipe	Column III Additional Season for Common and Red-breasted Mergansers, Oldsquaw, Eiders and Scoters in Coastal Waters Only	Column IV Woodcock
1.	Zone No. 1	September 13 (a)	October 15 to January 3	February 2 to 26	September 15 to November 29
2.	Zone No. 2	September 13 (a)	October 1 to December 17	No additional season	September 15 to November 29

5. Table I of Part V of Schedule I to the Regulations is replaced by the following:

TABLE I

OPEN SEASONS IN QUEBEC

Item	1.	2.	3.	4.	5.	6.
Column I Area	District A	District B	Districts C and D	District E	Districts F, G, H and I	District J
Column I.1 Ducks (Other Than Harlequin Ducks), Geese, Woodcock and Snipe	N/A	Septem- ber 13 (d), (e)	Septem- ber 13 (d), (e)	Septem- ber 13 (d), (e)	Septem- ber 20 (d), (e)	Septem- ber 20 (d), (e)
Column II Ducks (Other Than Eiders, Harlequin and Long-tailed Duck), Geese (Other Than Canada and Snow Geese) and Snipe	Septem- ber 1 to Decem- ber 10	Septem- ber 20 to Decem- ber 26	Septem- ber 20 to Decem- ber 26	Septem- ber 20 to Decem- ber 26 (c)	Septem- ber 27 to Decem- ber 26 (c)	Septem- ber 27 to Decem- ber 26
Column III Canada Geese	Septem- ber 1 to Decem- ber 10	Septem- ber 20 to Decem- ber 26	Septem- ber 6 to 19 (a) and Septem- ber 20 to Decem- ber 21	Septem- ber 20 to Decem- ber 26	Septem- ber 6 to 26 (a) and Septem- ber 27 to Decem- ber 21	Septem- ber 27 to Decem- ber 26
Column IV Eiders and Long-tailed Duck	Septem- ber 1 to Decem- ber 10	October 1 to January 14 (b)	Septem- ber 20 to Decem- ber 26	Septem- ber 20 to Decem- ber 26	Septem- ber 27 to Decem- ber 26	Novem- ber 1 to February 14
Column V Coots and Gallinules	No open season	No open season	No open season	No open season	Septem- ber 27 to Decem- ber 26	No open season
Column VI Woodcock	Septem- ber 1 to Decem- ber 10	Septem- ber 13 to Decem- ber 22	Septem- ber 20 to Decem- ber 26	Septem- ber 20 to Decem- ber 26	Septem- ber 20 to Decem- ber 26	Septem- ber 27 to Decem- ber 26

6. Note (d) of Table I of Part V of Schedule I to the Regulations is replaced by the following:

(d) Waterfowler Heritage Day.

(e) In Districts F, G, H and I, hunting for Coots and Gallinules is allowed during Waterfowler Heritage Day.

7. Table II of Part V of Schedule I to the Regulations is replaced by the following:

TABLE II

BAG AND POSSESSION LIMITS IN QUEBEC

Limits	Ducks	Geese (Other Than Snow Geese)	Snow Geese	Coots and Gallinules	Woodcock	Snipe
Daily Bags	6 (a), (b), (c), (d), (e), (g)	5 (e), (g)	20 (e)	4 (g)	8 (f), (g)	10 (g)
Possession	12 (a), (b), (c), (d), (e)	10 (e)	60 (e)	8	16 (f)	20 (e)

8. Notes (a) and (b) of Table II of Part V of Schedule I to the Regulations are replaced by the following:

(a) Not more than four Black Ducks may be taken daily, with a possession limit of eight in Districts A, B, C, D, E, F and J.

(b) Not more than two Black Ducks may be taken daily, with a possession limit of four in Districts G, H and I. Between November 1 and December 26, not more than four Black Ducks may be taken daily, with a possession limit of eight in Districts G, H and I (only lying east of the Gatineau River).

9. Table I of Part VI of Schedule I to the Regulations is replaced by the following:

TABLE I

OPEN SEASONS IN ONTARIO

Item	Column I Area	Column II Ducks (Other Than Harlequin Ducks), Rails (Other Than Yellow Rails and King Rails), Common Moorhens, American Coots, Common Snipe and Geese (Other Than Canada Geese)	Column III Canada Geese	Column IV Woodcock
1.	Hudson—James Bay District	September 1 to December 15	September 1 to December 15	September 1 to December 15
2.	Northern District	September 10 to December 15	September 1 to December 15	September 15 to December 15
3.	Central District	September 20 to December 20	September 5 to December 20 (a) and September 20 to December 20 (b)	September 20 to December 20
4.	Southern District	September 27 to December 20 (i)	September 2 to 17 (c), (i), September 11 to December 27 (d), (i), September 27 to December 27 (e), (i), November 1 to January 5 (f), (i), January 15 to 22 (g), (i) and February 21 to 28 (h), (i)	September 25 to December 20(i)

10. (1) Notes (c) to (e) of Table I of Part VI of Schedule I to the Regulations are replaced by the following:

(c) In Wildlife Management Units 60A, 61, 70, 71, 72A (excluding the Township of Haldimand), 72B to 89, 90 (excluding the Township of South Walsingham, which includes Long Point) and 91 to 95.

(d) In Wildlife Management Units 62, 63 (excluding any part of Renfrew County other than the Township of Raglan) and 64 to 69.

(e) In Wildlife Management Units 60A, 61, 70 to 93 and 95.

(2) Notes (g) to (i) of Table I of Part VI of Schedule I to the Regulations are replaced by the following:

(g) In Wildlife Management Units 60A, 61, 62, 63 (excluding any part of Renfrew County other than the Township of Raglan), 64, 65 (excluding the United Counties of Prescott and Russell) and 66 to 93.

(h) In Wildlife Management Units 60A, 61, 62, 63 (excluding any part of Renfrew County other than the Township of Raglan), 64, 65 (excluding the United Counties of Prescott and Russell), 66 to 71, 72A (excluding the Township of Haldimand), 72B to 89, 90 (excluding the Township of South Walsingham, which includes Long Point) and 91 to 93.

(i) No person shall hunt migratory birds during the hunting season in the Southern District, on Sundays from September 7 to December 21, as well as on January 18 and February 22. These Sunday exclusions do not apply, in the United Counties of Prescott and Russell, in the Township of Haldimand in the County of Northumberland, and in that portion in the Southern District of the County of Renfrew, other than the Township of Raglan. Sunday exclusions do not apply to falconers who may hunt only ducks on Sundays from September 28 to December 14.

11. Paragraph 4 (f) after Table I of Part VI of Schedule I to the Regulations is replaced by the following:

(f) that part of Wolfe Island Township in the Province of Ontario lying easterly of a line commencing at the intersection of the southeasterly production of a line between Nine Mile Point at the westerly end of Simcoe Island and Long Point at the westerly end of Wolfe Island, with the International Boundary between Canada and the United States, thence northwesterly along said southeasterly production, said line between Long Point and Nine Mile Point and its northwesterly production to the northerly boundary of the Township of Wolfe Island — unless the hunter is,

(i) on the islands,
(ii) on the shore,
(iii) standing within an emergent marsh,
(iv) subject to paragraph 15(1)(e), in a boat located in an emergent marsh contiguous with the shore, or
(v) in a blind that has been constructed to remain in place for the current hunting season on the shore, in the marsh, or within 20 m of shore on a dock connected to shore.

12. Notes (e) to (g) of Table II of Part VI of Schedule I to the Regulations are replaced by the following:

(e) Not more than two Canada Geese may be taken daily and not more than four Canada Geese may be possessed in Wildlife Management Unit 94 from November 1 to January 5.

(f) Not more than three Canada Geese may be taken daily and not more than ten Canada Geese may be possessed in Wildlife Management Units 82 to 86 and 93 from September 27 to October 31.

(g) Three additional Canada Geese may be taken daily and fourteen additional Canada Geese may be possessed in Wildlife Management Units 36 and 45 from September 1 to 9, in Wildlife Management Units 60A, 61, 70, 71, 72A (excluding the Township of Haldimand), 72B to 89, 90 (excluding the Township of South Walsingham, which includes Long Point) and 91 to 95 from September 2 to 17, in Wildlife Management Units 62, 63 (excluding any part of Renfrew County other than the Township of Raglan), 64 to 69 from September 11 to 26, in Wildlife Management Units 60A to 62, 63 (excluding any part of Renfrew County other than the Township of Raglan), 64, 65 (excluding the United Counties of Prescott and Russell) and 66 to 93 from January 15 to January 22, and Wildlife Management Units 60A to 62, 63 (excluding any part of Renfrew County other than the Township of Raglan), 64, 65 (excluding the United Counties of Prescott and Russell), 66 to 71, 72A (excluding the Township of Haldimand), 72B to 89, 90 (excluding the Township of South Walsingham, which includes Long Point), and 91 to 93 from February 21 to 28.

13. Table I of Part VII of Schedule I to the Regulations is replaced by the following:

TABLE I

OPEN SEASONS IN MANITOBA

Item	1.	2.	3.	4.
Column I Area	Game Bird Hunting Zone	Game Bird Hunting Zone	Game Bird Hunting Zone	Game Bird Hunting Zone
Column I.1 Ducks and Geese	N/A	September 1 to 7 (b)	September 1 to 7 (b)	September 1 to 7 (b)
Column II Ducks, Geese, Coots and Snipe RESIDENTS OF CANADA	September 1 to October 31 (c)	September 8 to November 30 (c)	September 8 to November 30 (c)	September 8 to November 30 (c)
Column III Ducks, Canada Geese, Coots and Snipe NON-RESIDENTS OF CANADA	September 1 to October 31	September 8 to November 30	September 22 to November 30	September 22 to November 30
Column IV Sandhill Cranes RESIDENTS OF CANADA AND NON-RESIDENTS OF CANADA	No open season	September 1 to November 30 (a)	September 1 to November 30	September 1 to November 30
Column V Snow and Ross Geese NON-RESIDENT OF CANADA	September 1 to October 31 (c)	September 8 to November 30 (c)	September 15 to November 30 (c)	September 15 to November 30 (c)

14. Table I of Part VIII of Schedule I to the Regulations is replaced by the following:

TABLE I

OPEN SEASONS IN MANITOBA

Item	1.	2.
Column I District	No. 1 (North)	No. 2 (South)
Column II Ducks, Coots and Snipe	September 1 to December 16	September 8 to December 16 (a)
Column III Geese RESIDENTS OF SASKATCHEWAN	September 1 to December 16 (d)	September 1 to December 16 (b), (d)
Column IV White Geese (Snow and Ross Geese) NON-RESIDENTS OF SASKATCHEWAN	September 1 to December 16 (d)	September 1 to December 16 (d)
Column V Dark Geese (Canada and White-fronted geese) NON-RESIDENTS OF SASKATCHEWAN	September 1 to December 16	September 15 to December 16
Column VI Sandhill Cranes	September 1 to December 16	September 1 to December 16 (c)

15. Section 3 after Table I of Part VIII of Schedule I to the Regulations is replaced by the following:

3. In this Part, the open season for geese for residents and non-residents of Saskatchewan in District No. 2 (South), and the Provincial Wildlife Management Zones 43, 47 to 59 and 67 to 69 inclusive of District No. 1 (North), includes only that part of each day from one-half hour before sunrise to 12:00 noon, local time, from September 1 to October 18, and, on and after October 20, geese may be hunted from one-half hour before sunrise until one-half hour after sunset, except in Provincial Wildlife Management Zones 21 and 37 to 41, of District No. 2 (South), where, on and after September 1, White Geese (Snow and Ross Geese) may be hunted from one-half hour before sunrise until one-half hour after sunset.

16. Table I of Part X of Schedule I to the Regulations is replaced by the following:

TABLE I

OPEN SEASONS IN BRITISH COLUMBIA

Item	Column I District	Column I.1 Ducks and Geese	Column II Ducks, Coots and Snipe	Column III Snot and Ross Geese
1.	No. 1	October 4 and 5 (p), (q) and November 1 and 2 (p), (b)	October 11 to January 23	October 11 to January 23
2.	No. 2	October 4 and 5 (p), (r) September 6 and 7 (p), (j), (s)	October 11 to January 18 (g), (h) and September 10 to December 23 (j)	October 11 to January 4 (d) and February 21 to March 10 (d)
3.	No. 3	September 6 and 7 (p)	September 10 to December 23	September 10 to December 23
4.	No. 4	September 10 (p)	September 11 to December 25	September 11 to December 25
5.	No. 5	September 6 and 7 (p)	September 15 to December 25	September 15 to December 25
6.	No. 6	September 23 and 24 (n), (p)	September 1 to November 30 (m) and October 1 to January 13 (n)	September 1 to November 30 (m) and October 1 to January 13 (n)
7.	No. 7	N/A	September 1 to November 30	September 1 to November 30
8.	No. 8	September 10 and 11 (p)	September 12 to December 25	September 12 to December 25

Item	Column IV Other Geese	Column V Brant	Column VI Band-tailed Pigeons	Column VII Mourning Doves
1.	October 11 to January 23 (a) September 15 to October 22 (b), (h), December 15 to January 25 (b), (h) and February 15 to March 10 (b), (h)	No open season	September 15 to 30	No open season
2.	October 11 to January 18 (e), September 6 to 14 (f), (h), October 11 to November 30 (f), (h), December 20 to January 4 (f), (h), February 14 to March 10 (f), (h) and September 10 to December 23 (c), (j)	March 1 to March 10 (h), (i)	September 15 to 30 (t)	No open season
3.	September 10 to December 23 (k), September 10 to 14 (l), October 1 to December 20 (l) and February 20 to March 10 (l)	No open season	September 15 to 30 (u)	September 1 to 30
4.	September 11 to December 25	No open season	No open season	September 1 to 30
5.	September 15 to December 25	No open season	No open season	No open season
6.	September 1 to November 30 (m) and October 1 to January 13 (n)	No open season	No open season	No open season
7.	September 1 to November 30	No open season	No open season	No open season
8.	September 12 to December 25 (o), September 20 to November 28 (c), December 20 to January 5 (c) and February 21 to March 10 (c)	No open season	No open season	September 1 to 30

17. Notes (k) and (l) of Table I Part X of Schedule I to the Regulations are replaced by the following:

(k) Provincial Management Units 3-12 to 3-18, 3-30 to 3-35 and 3-38 to 3-44 for White-fronted and Canada Geese, and Provincial Management Units 3-19, 3-20, 3-26 to 3-29, 3-36 and 3-37 for White-fronted Geese only.

(l) Provincial Management Units 3-19, 3-20, 3-26 to 3-29, 3-36 and 3-37 and for Canada Geese only.

COMING INTO FORCE

18. These Regulations come into force on the day on which they are registered.

REGULATORY IMPACT
ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Description

Introduction

The purpose of this amendment to Schedule I of the Migratory Birds Regulations is to establish hunting season dates for 2003-2004, as well as the number of migratory game birds that may be taken or possessed during those dates.

The hunting of migratory game birds is regulated in both Canada and the United States. Each country shares a commitment to work together to conserve migratory game bird populations throughout North America. In 1916, Canada and the United States signed the Migratory Birds Convention, which is implemented in Canada by the Migratory Birds Convention Act, 1994. The objective and purpose of the Convention, the Act and regulations made pursuant to the Act, is the conservation of migratory birds. For migratory game birds, this is accomplished, in part, by protecting them during their nesting season and when travelling to and from their breeding grounds through the establishment of annual hunting season dates, and bag and possession limits. There may be exceptions for species designated to be overabundant.

The hunting of migratory birds is restricted to a period not exceeding three and one half months, commencing no earlier than September 1 and ending no later than March 10 of the following year. Within these outside limits, seasons are shortened to protect populations where there is concern over declining populations. In other cases, seasons are lengthened to permit increased harvest of growing populations. Daily bag and possession limits can also be changed as necessary to manage the impact of hunting on migratory game bird populations. Since the implementation of the Protocol amending the Migratory Birds Convention, beginning in 2001, the regulations controlling the hunting of murres were managed through the annual regulatory process of amending the migratory game birds hunting regulations. Therefore, this annual amendment now also includes the season dates and possession limits for murres.

Since September 1, 1999, migratory game bird hunters have been required to use only non-toxic shot in all areas of Canada. This prohibition was instituted in response to mounting scientific evidence of the harmful effects of lead on migratory game birds and their predators. Three species of migratory upland game birds (woodcock, band-tailed pigeons and mourning doves), as well as murres, are exempted from the ban, except in National Wildlife Areas. Within National Wildlife Areas, non-toxic shot must be used for all hunting. Non-toxic shot is defined as steel shot, tungsten-iron shot, bismuth shot, tin shot, tungsten-matrix, tungsten-polymer or tungsten-nickel-iron shot.

Amendments

Snow goose populations have increased steadily to the point where they have been designated as overabundant (see footnote c)  and are causing significant crop damage and affecting staging and Arctic breeding habitats. To increase the harvest rates to earlier levels, very liberal daily bag and possession limits for white geese continue to be allowed. The increased harvest rates during fall for Snow geese throughout the prairies and in Quebec will complement the special conservation measures that have been the subject of annual regulatory changes beginning in 1999. The taking of Snow geese will be allowed during Waterfowler Heritage Days in Quebec. Early and late goose seasons are being expanded in parts of southeastern Ontario and southern British Columbia to increase hunter access to the rapidly growing populations of temperate breeding Canada geese.

Most duck populations have been abundant over the past decade, and are at or near the population goals. For this reason, restrictions, such as special harvest limits, have been lessened where possible. For those that remain below goals, restrictions remain in place. These include northern pintails in much of their range, and in British Columbia for canvasbacks. Throughout eastern Canada, restrictions, including reduced bag limits, remain in place for black ducks.

Increasing attention is being directed toward sea ducks, a group of waterfowl for which the information is less complete than for some other species. Despite the data gaps, it has become clear that some sea duck species have been declining. Along with increased research focus, restrictions on harvest have been implemented recently to control hunting mortality rates. Although harvest mortality is not felt to be an important factor, the reduced bag and possession limit for western harlequin ducks in British Columbia is being maintained to highlight the sensitive nature of the species. In Quebec, additional protection for the small eastern population of Barrow's Goldeneye is continued using early closing dates in areas where the species congregates, and goldeneyes are protected in British Columbia through a reduced bag limit. The overall bag limit for sea ducks remains reduced throughout the Atlantic provinces, and special restrictions on the harvest of scoters remain in place. The problem of declining king and common eiders continues to be addressed by an early closing of the hunting season in Newfoundland and Labrador and a smaller bag limit.

In Quebec, there previously was specific mention of Mallard x Black Duck hybrids in the regulations; this mention is being removed. The proportion of hybrids in the population was found to be 2% or less, based on captures at banding stations and in the national wing survey. This change will have no effect on the harvest of Black Ducks, but will simplify the regulations. A second amendment which will not affect individual hunters, but will clarify regulations from the point of view of enforcement, relates to the prohibition on hunting from a boat in the region of Wolfe Island, Ontario. All other amendments simply reflect calendar date changes, and the requirement to maintain traditional openings and closings, such as "on the first Monday of October".

In contrast to the proposals outlined in consultation documents, there are no amendments in 2003 to extend the closing date of the inland duck hunting season in Newfoundland and Labrador, or to alter the boundaries of the murre hunting zones. Instead, these proposals will be subject to further consultation over the coming year.

Alternatives

The option of not proceeding with this amendment is not viable. Annual adjustments to the hunting regulations are necessary to ensure the conservation of migratory bird populations and a sustained hunt in the future. The annual adjustments are based on biological information and are developed in close consultation with the provinces and territories. These conservation measures are also necessary to meet Canada's international obligations under the Migratory Birds Convention Act, 1994. Federal government action is required if national conservation goals are to be achieved.

There is no alternative to setting season dates and bag and possession limits within the Migratory Birds Regulations. This view was confirmed by stakeholders in a comprehensive review of the regulations that was conducted in 1993.

Benefits and Costs

This amendment makes a necessary and important contribution to the achievement of the government's social and economic objectives. The control of hunting season dates and the number of migratory game birds that may be taken and possessed during those dates will help to ensure migratory game bird populations are maintained. These conservation measures are necessary to meet Canada's international obligations under the Migratory Birds Convention Act, 1994. They also address Canada's obligations under the Convention on Biological Diversity to ensure that the species are not jeopardized by over-hunting. Similarly, the amendment will help ensure that a sustained yield of direct and indirect economic benefits will continue to accrue to Canadians at a very low enforcement cost. These benefits to Canadians result from both hunting and non-hunting uses of migratory birds.

According to estimates based on the Environment Canada document, The Importance of Nature to Canadians (published 2000), $11.7 billion in annual expenditures was associated with recreational activities that depend on wildlife and the natural areas that they use. Wildlife (birds and mammals) directly supported $3.6 billion of these expenditures. Migratory birds generated a portion of this spending; over $527 million was spent on recreational waterfowl-related activities, of which $94.4 million was associated with waterfowl hunting. It was estimated that the $94.4 million in waterfowl hunting expenditures contributed $93.4 million to the Gross Domestic Product, and sustained approximately 1,600 jobs. Federal and provincial revenue from taxes derived from this activity was estimated at $44.4 million. This amendment will help to ensure that these benefits are sustained year after year. The substantial international benefits provided to citizens of the United States and Latin America are only partially included in these estimates. Moreover, Wildlife Habitat Canada estimated in 2000 that over the past 15 years, Canadian migratory birds hunters had contributed $335 million and 14 million hours of volunteer work to habitat conservation.

Environmental Impact Assessment

Long-term population trends and harvest data were examined to evaluate the status of each species of migratory game bird. This information was used to determine the environmental implication of not changing the hunting regulations in 2003. For some species, changes to the regulations are required to ensure conservation of the population and a sustained hunt in the future. For other species, increased hunting pressure could slow the rapid population growth and reduce the negative effect on their arctic breeding habitat. Regulatory tools include adjustments to season dates and changes to daily limits. Delayed opening dates protect local breeding adults by providing sufficient time for the ducks to moult and strengthen prior to the start of the hunting season. Reduced bag limits can also be used to decrease harvest pressure. On the other hand, early opening dates followed by early closure can permit increased harvest pressure on healthy local populations, while protecting declining migrant birds that arrive later.

Consultation

The Canadian Wildlife Service, Environment Canada, has formalized the consultation process used each year to determine hunting season dates and the number of migratory game birds that may be taken and possessed during those dates.

The consultation process for the 2003-2004 season began in November 2002 when biological information on the status of all migratory game bird populations was presented for discussion to more than 700 individuals and organizations (summarized below) in Population Status of Migratory Game Birds in Canada — November 2002 (the November Report). It was also posted on the Canadian Wildlife Service Web site.

Based on the discussions, regulatory proposals were developed jointly among the Canadian Wildlife Service and the provinces and territories. The proposals were described in detail in the December 2002 report, Proposals to amend the Canadian Migratory Birds Regulations (the December Report). It was sent to federal biologists in Canada, the United States, Mexico and the Caribbean, Greenland and St. Pierre and Miquelon, provincial and territorial biologists, migratory game bird hunters, and Aboriginal groups. The document also was distributed to non-government organizations, including the Canadian Wildlife Federation and its provincial affiliates, Canadian Nature Federation, World Wildlife Fund, Nature Conservancy of Canada, Ducks Unlimited and the Delta Waterfowl Research Station. The report was also posted online.

On January 26, 2002, a Notice of Intent was published in the Canada Gazette, Part I, which outlined the Department's intention to conduct the annual review of the Migratory Birds Regulations. In addition to requesting feedback on the proposed amendments, the Notice provided information on how to obtain copies (by mail or online) of the detailed biological information and regulatory proposals as outlined in the November and December Reports.

Biologists from the Canadian Wildlife Service met with their provincial and territorial counterparts in technical committees from December 2002 through February 2003, discussed new information on the status of migratory game bird populations, and where necessary revised the proposals for regulatory changes. The work of the technical committees, as well as information received from migratory game bird hunters and non-government organizations, led to the development of specific recommendations on regulatory amendments. The current set of amendments represents the consensus reached over the proposals outlined in the December Report.

Individual hunters play an important role in the annual adjustment of these Regulations. Hunters provide information about their hunting, particularly the species and numbers of migratory game birds taken, through their participation in the National Harvest Survey and the Species Composition Survey. These surveys are carried out each year by means of mail questionnaires that are sent to selected purchasers of the federal Migratory Game Bird Hunting Permit. Through the co-operation of hunters who provide this information each year, Canada has among the best information on migratory game bird hunters anywhere in the world.

Compliance and Enforcement

Under the Migratory Birds Convention Act, 1994, and considering case law, the average penalty for a summary conviction of an individual for a violation under the Act is estimated to be approximately $300. Where available, minor offences will be dealt with under a ticketing system. There are provisions for increasing fines for a continuing or subsequent offence. However, an individual may receive a $50,000 maximum fine and/or up to six months in jail for summary (minor) conviction offences, and a $100,000 maximum fine and/or up to five years in jail for indictable (serious) offences. Corporations face maximum fines of $100,000 and $250,000 for summary convictions and indictable offences, respectively.

Enforcement officers of Environment Canada and provincial and territorial conservation officers enforce the Migratory Birds Regulations by, for example, inspecting hunting areas, inspecting hunters for hunting permits, and inspecting hunting equipment and the number of migratory game birds taken and possessed.

Contacts

Kathryn Dickson
Senior Waterfowl Biologist
Migratory Birds Conservation Division
Wildlife Conservation Branch
Canadian Wildlife Service
Environment Canada
Ottawa, Ontario
K1A 0H3
Telephone: (819) 997-9733
FAX: (819) 994-4445

Jason Travers
Regulatory Analyst
Legislative Services
Program Integration Branch
Canadian Wildlife Service
Environment Canada
Ottawa, Ontario
K1A 0H3
Telephone: (819) 953-7593
FAX: (819) 956-5993

Footnote a 

S.C. 2001, c. 34, s. 53

Footnote b 

S.C. 1994, c. 22

Footnote 1 

C.R.C., c. 1035

Footnote c 

An overabundant population is one for which the rate of population growth has resulted in, or will result in, a population whose abundance directly threatens the conservation of migratory birds (themselves or others), or their habitat

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